They do not. The power is limited to anything that is in the best interests of the person, but that is subject to the rest of the law in this country about people’s money and property and capacity to consent to medication. Those areas of a person’s life are already covered by the following:
- The existence of the regime of Receivership, under the control of the Court of Protection, for those who are unable to manage their property or other financial affairs;
- The doctrine of necessity, which allows medical professionals to take a best interests decision as to medical treatment, in respect of someone who is incapable of giving informed consent to what is proposed.
The situation may be improved, in terms of efficiency (but not necessarily from the point of view of all those affected by the changes), when the government passes legislation for the protection of vulnerable adults, which has long been proposed. What is suggested is a power of management of an incapacitated person, similar to that which prevails in Norway, where a guardian has power over the money, property and day to day welfare needs of the person, and their health care decisions subject to the scrutiny of a court.
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